Terms of service
General Terms and Conditions (GTC)
§1 General Information and Scope of Application
(1) The following Terms and Conditions (T&Cs) apply to all legal transactions between Colin Schäfer/Munchiez, c/o IP-Management #11820, Ludwig-Erhard-Straße 18, 20459 Hamburg (hereinafter referred to as the ‘Supplier’) and the customer (hereinafter referred to as the ‘Customer’), which are concluded via the website www.munchiez.shop.
(2) These GTC apply to consumers within the meaning of § 13 of the German Civil Code (BGB).
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their self-employed professional activity.
(3) Any deviating or supplementary terms and conditions of the Customer shall not apply unless the Supplier has expressly agreed to them in writing.
(4) The contract language is German. The current version of the General Terms and Conditions is available on the website.
§2 Subject Matter of the Contract
(1) The subject matter of the contract is the sale of physical products by the Provider. The Provider sells packaged confectionery, drinks and other packaged foodstuffs.
(2) The Supplier does not offer any subscriptions or recurring payments.
(3) There are no restrictions or licence rights.
(4) Service agreements between the Supplier and the Customer are concluded in connection with the sale of physical products.
§3 Conclusion of the Contract
(1) The contract between the Supplier and the Customer is concluded when an order is placed via the online shop.
(2) Once the order has been placed, the Customer will receive an automatic order confirmation by email. This does not constitute acceptance of the offer, but is provided for information purposes only.
(3) The contract is concluded and becomes binding upon completion of the order via the online shop or upon registration.
§4 Prices, Terms of Payment and Invoicing
(1) The prices quoted are gross (including VAT).
(2) Payment may be made using the following payment methods:
PayPal
Credit card
SEPA direct debit
(3) Payment is due immediately upon conclusion of the contract.
(4) In the event of late payment, statutory interest on arrears shall apply in accordance with § 288 of the German Civil Code (BGB).
§5 Right of retention
The customer is only entitled to exercise a right of retention if their counter-claim is based on the same contractual relationship. The statutory right to withhold performance pursuant to § 320 of the German Civil Code (BGB) remains unaffected by this.
§6 Delivery and Provision of Services / Transfer of Risk
(1) The delivery or provision of the physical products purchased shall take place by dispatch to the delivery address provided by the customer during the ordering process, unless otherwise agreed.
(2) Physical products shall be delivered within 14 working days of receipt of payment.
(3) Events of force majeure or other unforeseeable, exceptional and unavoidable circumstances (e.g. natural disasters, pandemics, official orders or technical failures) which significantly impede or temporarily prevent the provision of services entitle the Supplier to extend the delivery or service period by a reasonable period.
(4) The Supplier is entitled to engage suitable third parties (e.g. vicarious agents or subcontractors) to fulfil its contractual obligations, provided that this does not conflict with any legitimate interests of the Customer.
(5) Should a product or service no longer be available for reasons for which the Supplier is not responsible, the Supplier reserves the right to withdraw from the contract. In this case, the customer will be informed immediately and any payment already made will be refunded.
(6) Delivery charges are shown separately. The supplier is entitled to make partial deliveries, provided these are reasonable for the customer.
(7) Risk passes to the customer upon receipt of the goods.
§7 Warranty and Liability
(1) For consumers, the statutory warranty under Sections 437 et seq. of the German Civil Code (BGB) applies.
(2) The statutory warranty period is two years for consumers and one year for businesses, unless otherwise agreed.
(3) The customer is obliged to notify the supplier in writing of any obvious defects within 30 days of receipt of the goods or provision of the service.
(4) The supplier shall only be liable for wilful misconduct and gross negligence. Liability for simple negligence is excluded, provided that no material contractual obligations have been breached.
§8 Term of the Contract and Termination
(1) In the case of one-off services or product purchases, there is no ongoing contractual obligation. The contractual relationship ends automatically upon full performance. Termination is not required.
§9 Data Protection
(1) The Provider processes customers’ personal data for the purposes of contract fulfilment and for marketing purposes. Data processing is carried out exclusively in accordance with applicable data protection laws, in particular the General Data Protection Regulation (GDPR).
(2) Further information on the processing of personal data is available in the privacy policy on the provider’s website via the following link: https://munchiez.shop/policies/privacy-policy
§10 Amendments to the Terms and Conditions
(1) The Provider reserves the right to amend these Terms and Conditions at any time, insofar as this is necessary to adapt them to changes in the legal or economic framework.
(2) Registered customers will be informed of any amendments to the Terms and Conditions by email.
(3) The amended Terms and Conditions shall come into force immediately upon publication.
(4) Amendments to the Terms and Conditions shall also apply to existing contractual relationships, provided they do not affect any essential elements of the contract.
(5) There is no right to object to amendments to these Terms and Conditions. However, the customer is entitled to exercise their special right of termination in the event of amendments that affect them.
§11 Jurisdiction and Applicable Law
(1) The substantive law of the Federal Republic of Germany shall apply, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(2) If you are a business, our registered office shall be deemed the place of performance and the place of jurisdiction for all delivery obligations as well as for other contractual obligations of both parties. We reserve the right, however, to bring legal claims at your registered office as well.
§12 Final Provisions
(1) Should any provision of these General Terms and Conditions be or become invalid, in whole or in part, the validity of the remaining provisions shall remain unaffected.
(2) Any amendments or additions to these General Terms and Conditions must be made in writing. This also applies to any amendment to this requirement for the written form.
(3) The customer is not entitled to assign any claims or rights arising from this contract to third parties without the provider’s prior written consent.